Minimum Wages in China and the USA and Equal Employment Opportunities - Assignment Example

Minimum Wages and Equal Employment Opportunities Student’s Name: Instructor’s Name: Course Code: Date of Submission:   1. Compare and contrast the regulation of minimum wages in China and the USA Minimum wage is defined as the least amount an employer is expected to pay the employee. Also referred to as the ‘floor pay’, the minimum wage is set such as way to ensure that the employers do not underpay its workers at their own benefit. The minimum wage varies from one country, state, city and city and authority to the other. The policy regulation on minimum wage is depended on the country, state, city or authority where it applies. While some countries, states, cities or authorities may have similar minimum wage regulations there are those that may exhibit some differences. For instance, even though some differences in minimum wage regulation between the United States and China do exist, the two countries have a number of similarities. First and foremost the two countries are known to be divided either into states or provinces which operate under the federal government. Like the case of China where the minimum wage varies from one province to the other, in the United States minimum wages vary from one state to the other. For example in the city of Beijing, the minimum wage per month is 495 Yuan while that of Shanghai is 570 Yuan. This trend continues across major cities of China. On the other hand, in the United States minimum wage also varies accordingly in terms of states. For instance, even though determined in terms of hours, Washington State has the highest minimum wage at $9.04 per hour followed by Oregon at $8.40 while other states like Connecticut, Illinois, District of Columbia and Nevada have a minimum wage of $8.25 per hour. The variation in terms of minimum wages as seen from different states in the United States and China can be attributed to a number of reasons. First and foremost, the minimum wage of the respective states and cities, is determined by the cost of living there in. The purpose of adjusting the minimum wage according to states and cities is therefore to ensure that that every work is able to access basic life irrespective of the cost of living in a particular state or city. While in other countries, the process of determining minimum wage is predetermined and takes place after a certain period like annually, after two years or even twice in a year like it’s in the case of Greece and Netherlands, in the united states and China the case is totally different. Other countries like Brazil, Japan and other 17 EU member countries like Bulgaria, Belgium, France, Portugal and Poland, have their minimum wage renewed annually. This is keep in pace with the change in the cost of living and the overall performance of the economy. Such countries as Ireland, Lithuania, Luxembourg and Latvia have their minimum wage reviewed regularly but in exceeding one year. Further, the frequencies of minimum wage increase can be frozen given the change in an economy and this can be done as an application of an economy indexation. In the case of the united sates and china, the process of determining the minimum wage is not predetermined and can happen as many times as possible or once after a long while depending on the political goodwill to do so. In other, words, the change or frequency in adjusting or reviewing the minimum will not necessary depend on the performance of the economy or the change in the cost of living but the concern the fair live by the political class. Even though many people may see the process of determining the minimum wage as the responsibility of the national government, this is not case in the United States. In the United States, the minimum wage is determined by the respective states. However, this applies only to those employees that are responsible to the states. Further, in a situation where the employee’s responsibility goes beyond the state, the minimum wage is determined differently. In such circumstance the employee is entitled a higher minimum wage. As mentioned earlier, the respective states have the obligation to determine the minimum wages of their employees working under their authority. This is the case that has been reflected in China. In china, for instance according to the Minimum Wage Provisions (MHRSS [2004] No.21), minimum wages can be determined at regional level but should not include overtime payments, compensations for lunches, extreme working condition payments or other benefits provided for by the national polices and regulations. While determining the minimum wages by the local governments in China, the process should be based on regional variables, which include the prevailing living costs, the contribution of employees to the social insurance, housing fund, recommended average wage, unemployment rates and regional economic performance. Despite their exclusion, factors that should be included in the minimum wage determination as mentioned above, have continued to provide major boost to the minimum wage, which has seen many local governments in china have their minimum wage increase by around 13% every year. This trend has caused major concerns among the investors because of the cost of labor. Despite these major similarities that are attributable the two countries, there are also some two major differences that exist between the two countries in terms of minimum wages. First and foremost, while in the United States, minimum wage is being determined per hour, in china it is determined as a monthly pay. While determining minimum wage of as a factor of hours, it is important to note that many of employees have the opportunity to determine which employer to work for and at the same it allows for lot flexibility at work. In a lucrative economy, minimum wage in terms of hours allows for hard work among the employees to reach their monthly targets. On the other hand, in the case of china minimum wage is determined as a monthly income. This regulation limits the employees’ flexibility to do the amount of work one is comfortable with. Further, while in the United States, back wages can be recovered, in China that is not possible. This is because no established body or system that has been mandated with that responsibility like in the case of the United States. In the United States, the Department of Labor has charged with responsibility of recovering unpaid wages from those employers who violate the law through an administration process or court injunction. 2.      Compare and contrast the regulation of equal employment opportunities in the USA and Australia. Equal employment opportunity is a very wide and commonly used concept that is applied at workplace. Equal employment opportunity can be described as a process that can be used by an organization to ensure that it is activities which are related to employee recruitment, management, appraisal and treatment is fair to all potential applicants and staff irrespective of whom they are. In other words, equal employment opportunity is characterized by the company’s policy which does not discriminate among individuals because of their gender, age, race, ethnicity, color, religion, and genetic information, nation of origin, disability and reprisal. The enactment of regulation with regard to equal employment opportunities for by different countries is therefore to ensure that potential employees are given equal opportunity whenever there is an employment opportunity irrespective of their backgrounds. However, important to note is that different regulations have been enacted and they all handle equal employment opportunities from different perspective. This case can be demonstrated by the regulation both in the United States and Australia which both exhibit some similarities and differences. At many levels the two countries have wide and very policy on equal employment opportunities. The regulation to deal with unequal employment opportunity takes into account a number of actions that are considered discriminative to the employees and which include discrimination against gender and disability. The most common similarity that comes into perspective from the two countries in trying to deal with inequality is the enactment of the anti-discrimination laws and establishment of bodies that should ensure fairness and justice when filling various employment opportunities both at state and national level. To start with the United States, the Equal Employment Opportunity Commission (EECO) was created in 1965 as a result of the enactment of the Title VII of the Civil Rights Act of 1964 to help as a measure to deal with discrimination at levels within the states and national levels. Title VII since has been reviewed by the Equal Employment Opportunity Act of 1972, and the Pregnancy Discrimination Act of 1978 and the Civil Rights Act 1991. Title seven in the United States has been very instrumental in prohibiting discrimination at workplace. This is because it covers all areas of employment hiring, termination, promotions, layoffs, payment of wages, on-the-job training and the process of disciplining. Title VII covers private firms with more than 15 employees, learning institutions and state and local governments. Labor unions have also been taken care of by Title VII. However, when Title VII was enacted it did not cover all the employees and more especially those from the federal government. With this regard therefore, the EEOC was enacted in 1978 to manage discrimination of employees both at state level and federal level. The EEOC is charged with the responsibility of implementing all federal statutes that have been enacted to stop discrimination at workplace. The statutes that have to be enforced by EEOC include Title VII of the Civil Rights Act of 1964 which has been enacted with the intention of ensuring that any discrimination related to race, color, country of origin, sex and religion at workplace is completely wiped out. The Age discrimination Act of 1967 also falls under the umbrella of EEOC responsibilities. This Act was aimed at curbing any discrimination at workplace which is directed to the employees who are aged 40 years and above. The Equal Pay Act of 1963 was also aimed at act of offering different pays to employees of same ranks at workplace was completely outlawed. Further, the American with Disability Act of 1990 was enacted to help reduce discrimination of people with disability during employment both in the private and public sector. Finally, Genetic Information Nondiscrimination Act (GINA) was signed into law in 2008. The purpose of this Act which falls under EEOC was aimed at prohibiting employers and insurance companies from discriminating individuals based on their genetic information. The EEOC is also used to process cases of discrimination brought unto them for further prosecution. Unlike in the case of the united states, in Australia, discrimination is being dealt in general not only in the equal employment opportunities. The establishment of the Australian Human Rights Commission was aimed at helping in the process of enforcing various Acts which were intended at stopping any kind of discrimination at work place. The Commission’s statutory responsibilities, include the enforcement of the following anti-discrimination Acts: Australian Human Rights Commission Act 1986, Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992 and Age Discrimination Act 2004. The functions of the commission include investigating and trying to conciliate the various complaints brought forward and that show element of discrimination which breaches the human rights. The commission is also charged with the responsibility of making necessary inquiries into issues related to human rights and those have national importance and then make appropriate recommendations to help address discrimination and any kind of breach to human rights. Further, the commission, charged with the responsibility of starting education programs related to human rights in schools and other learning institution with the aim of instilling good social values to its people from early age in life. The commission is recognized for its role in providing independent evidence with regard to case brought to court and that concern breach of human rights. Unlike in the case of the United States, in Australia the issue of equal employment opportunities is dealt with from a very different perspective. This problem is not given attention as an independent and a commission to deal with created by handled as part of the larger context of the public where discrimination can easily occur. The creation of EEOC in the United States was particularly aimed with discrimination at workplace. However, the Australian Human Rights Commission even though seems to deal with the same problem, it does so but with inclusion of other areas of the public where discrimination can occur and not necessarily workplace. In general terms, the fact remains that two countries recognize that discrimination is a reality and it exists virtually in almost areas of the public and enacting appropriate laws is the best way to ensure justice and fairness. References Bamber, G., Lansbury, R. & Wailes, N. (2011). International and Comparative Employment Relations: Globalisation and Change, 5th Edition. Sydney: Allen & Unwin. Blanpain, R. (2012). International Encyclopaedia for Labour Law and Industrial Relations. 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